Under the principle of vicarious liability an employer will be held liable for the tort (not just negligence, including both intentional and statutory torts) of his employee. Vicarious liability may also apply to partnership situations.


In order to succeed in an action of vicarious liability one must show the following:

  • A tort has been committed (Caparo v Dickman: Duty of care, breach, causation and remoteness);
  • by the employee;
  • during the course of employment.